Toxic Tort Litigation
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Author | : D. Alan Rudlin |
Publisher | : American Bar Association |
Total Pages | : 518 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590317341 |
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Trying a toxic tort case is unlike other high-stakes litigation. This guide explores the legal elements that distinguish toxic tort litigation, explaining theories of liability and damages as well as procedural and substantive defenses. Chapters cover scientific and medical evidence, causation, trial management and strategy, settlement, and specialized litigation, including mold, lead, asbestos, silica, food products, pharmaceuticals, and MTBE.
Author | : Manning Gasch |
Publisher | : |
Total Pages | : 342 |
Release | : 1984 |
Genre | : Actions and defenses |
ISBN | : |
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Author | : Arthur F. Foerster |
Publisher | : American Bar Association |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Law |
ISBN | : 9781627221276 |
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Trying a toxic tort case is very different from other high-stakes litigation. This practice-focused guide explores the specific and often unique elements that distinguish this type of litigation, including the differing theories of liability and damages and the key procedural and substantive defenses to toxic tort claims. Other topics include scientific and medical evidence and causation, case strategy, trial management, settlement considerations, and causation standards that apply in four regions of the country, reviewing the standards that apply in every state.
Author | : Edward Greer |
Publisher | : |
Total Pages | : 626 |
Release | : 1989 |
Genre | : Law |
ISBN | : |
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Author | : Joe G. Hollingsworth |
Publisher | : |
Total Pages | : 135 |
Release | : 2008 |
Genre | : Liability for environmental damages |
ISBN | : |
Download A Framework for Toxic Tort Litigation Book in PDF, Epub and Kindle
Author | : |
Publisher | : |
Total Pages | : 234 |
Release | : 1990 |
Genre | : Products liability |
ISBN | : |
Download Basic Product Liability and Toxic Tort Litigation Book in PDF, Epub and Kindle
Author | : Carl F. Cranor |
Publisher | : Cambridge University Press |
Total Pages | : 371 |
Release | : 2006-09-04 |
Genre | : Law |
ISBN | : 1139458787 |
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The relationship between science, law and justice has become a pressing issue with US Supreme Court decisions beginning with Daubert v. Merrell-Dow Pharmaceutical. How courts review scientific testimony and its foundation before trial can substantially affect the possibility of justice for persons wrongfully injured by exposure to toxic substances. If courts do not review scientific testimony, they will deny one of the parties the possibility of justice. Even if courts review evidence well, the fact and perception of greater judicial scrutiny increases litigation costs and attorney screening of clients. Mistaken review of scientific evidence can decrease citizen access to the law, increase unfortunate incentives for firms not to test their products, lower deterrence for wrongful conduct and harmful products, and decrease the possibility of justice for citizens injured by toxic substances. This book introduces these issues, reveals the relationships that pose problems, and shows how justice can be denied.
Author | : |
Publisher | : |
Total Pages | : 194 |
Release | : 1989 |
Genre | : Toxic torts |
ISBN | : |
Download The Effect of Regulatory Information-generating Requirements on Toxic Tort Litigation Book in PDF, Epub and Kindle
Author | : Francesca Dominici |
Publisher | : |
Total Pages | : |
Release | : 2014 |
Genre | : |
ISBN | : |
Download The Role of Epidemiology in the Law Book in PDF, Epub and Kindle
Toxic tort cases provide a natural framework for an in-depth illustration and an application of statistical methods for small-scale studies of putative sources of hazard. In this paper, we describe the aspects of a toxic tort case that focussed on quantifying the strength of evidence concerning the hypothesis that carcinogenic substances emitted from an industry source were associated with a statistically significant higher than expected incidence rate of neuroblastoma in children. We first present the epidemiological analysis carried out by the plaintiffs' experts (Drs P1, P2 and P3). We then summarize the key critiques by the defense experts (Drs D1, D2 and D3) followed by the plaintiff's reply. In the context of toxic torts, the plaintiff must demonstrate that the exposure resulting from the defendants' conduct is more likely than not causally related to the injury. We use this toxic tort case to identify common criticisms of the defense experts that take advantage of the complexity in evaluating causation in toxic torts. In the discussion, we summarize the common defense positions and question whether such questions are scientifically appropriate.
Author | : |
Publisher | : |
Total Pages | : 196 |
Release | : 1989 |
Genre | : Actions and defenses |
ISBN | : |
Download The Role of Science in Toxic Tort Litigation Book in PDF, Epub and Kindle
This work contains articles on the sufficiency of evidence, expert witness testimony, remedies and damages, policy legislation, and the roles of toxicology, epidemiology and biostatistics.